Trial Magazine

Damien Cooper, 24, was driving to work when the driver of another car crossed the center line of a two-lane roadway and collided with his vehicle. He suffered a broken femur, two broken knees, a broken wrist, and post-concussive syndrome.

Cooper underwent multiple surgeries, spent 10 days in the hospital, and required physical therapy for a year. He now walks with a limp and has daily knee pain. The driver who crossed the center line pleaded guilty to DUI.

Cooper sued the driver, Sunoco LP, and Sunoco Retail, LLC, alleging that a Sunoco convenience store sold four beers to a teenager, who shared it with the driver, also a teenager.

The jury awarded approximately $3.06 million, finding the defendants jointly and severally liable. The award includes $715,000 for the plaintiff's past and future medical expenses and $224,000 for lost earning capacity. The jury also found the driver liable for $100,000 in punitive damages.

Citation: Cooper v. Watts, No. 2017-CP-10-6307 (S.C. Cir. Ct. Charleston Cty. Nov. 4, 2021).

Plaintiff counsel: AAJ members David Yarborough, Reynolds Blankenship, and David Lail, all of Charleston, S.C.